BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130002432
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to list the entry in item 28 (Most Significant Duty Assignment) as H Company, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division, Machine Gun Section.
2. The applicant states he served in H Company, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division, Machine Gun Section for 11 months. His record shows he only served in Service Company, 5th Cavalry Regiment for 1 month. He would like the record corrected to show his actual duty assignment. He feels he is entitled to this correction because several benefit claims depend on the accuracy of his service record.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.
3. After having previous enlisted service, the applicant entered active duty on
16 October 1950 at Fort Hood, TX. He served in military occupational specialty 4812 (Heavy Weapons Infantryman). On 1 October 1951, he was honorably released from active duty prior to the expiration of his term of service in the rank/grade of private first class (PFC)/E-3. He completed 11 months and
16 days of net active service during this period. The DD Form 214 further shows Service Company, 5th Cavalry Regiment as his most significant duty assignment.
4. Special Regulation 615-360-1 (Enlisted Personnel Separation of Enlisted Personnel), in effect at the time, states for item 28, enter the last unit or similar element to which assigned for duty rather than the element to which the individual was a part while moving to a separation activity. Assignments to units for purpose of transfer from an overseas command to the United States are considered part of the movement to a separation activity. Assignment to a medical holding detachment for the purpose of separation by reason of disability will not be considered a duty assignment. The title and/or number of the organization will be as precisely as indicated in the service record.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the applicant's available military record and he provided insufficient evidence to show that his most significant duty assignment (i.e., his last duty assignment) was with H Company, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division, Machine Gun Section. The applicant's sincerity is not in question; however, without any corroborating evidence to show his units of assignment and the dates of assignment, presumption of regularity must be applied.
2. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X___ __X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________X______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130002432
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ABCMR Record of Proceedings (cont) AR20130002432
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